Can a company call me with ads without my consent?
No: phone marketing requires your prior consent. Under the Electronic Communications Law (PKE) — the act that on 10 November 2024 replaced the Telecommunications Law — direct marketing by phone, SMS or email is allowed only after obtaining the prior consent of the person contacted. "Prior" means before making the call — a firm can't first call you, then ask for consent and present an offer. The consent must be voluntary and separate for each channel (phone, SMS, newsletter), and the trader can't make concluding a contract conditional on giving it. You can withdraw consent at any time. Breaching the ban risks the firm a heavy penalty.
📋 The rules
- Phone/SMS/email marketing: only with prior consent
- "Prior" = consent before the marketing call
- Consent voluntary and separate for each channel
- Concluding a contract can't be conditioned on marketing consent
- Consent can be withdrawn at any time
🔓 Exceptions
- Contact after consent: allowed until it's withdrawn
- Some messages (e.g. about performing a contract): aren't marketing
- Marketing of own, similar products to a customer: on special terms
⚠️ Penalties & fines
Running marketing without consent breaches the PKE and risks a financial penalty of up to 3% of the firm's revenue from the previous year, imposed by UKE or UOKiK. Unsolicited calls and messages are also an unfair market practice. As a consumer you can defend yourself: demand the contacts stop and withdraw consent, and report bothersome telemarketing to UKE, UOKiK or the President of UODO (where personal data are involved). To limit unwanted ads: don't hastily give marketing consents (read the clauses), withdraw consents you no longer want, demand removal of your number from the database, and on breaches report the matter to the proper authorities, keeping evidence (numbers, dates, recordings).
📎 Official sources
❓ Frequently asked
Is telemarketing without consent legal?
No. Under the Electronic Communications Law, direct marketing by phone, SMS or email is allowed only after obtaining prior, voluntary consent of the person contacted. Without such consent, calling or sending commercial offers is unlawful.
Can a firm call and only then ask for consent?
No. Consent must be prior, i.e. given before the marketing call is made. A firm can't first call, ask for consent to continue the conversation, then present an offer. Such a call breaches the rules on direct marketing from the outset.
Must marketing consent be voluntary?
Yes. Voluntariness is a basic feature of consent. A trader can't make concluding a contract, selling a product or providing a service conditional on giving marketing consent. Consent is also collected separately for each channel — separately for phone, SMS and newsletter.
What's the penalty for marketing without consent?
A financial penalty of up to 3% of the firm's revenue from the previous year, imposed by UKE or UOKiK. Unsolicited marketing may also be deemed an unfair market practice. A consumer can demand the contacts stop and report the breach to the proper authorities.
How do I stop unwanted marketing calls?
Withdraw earlier marketing consents and demand removal of your number from the firm's database. Don't give new consents hastily. Report bothersome telemarketing to UKE, UOKiK or UODO. It's worth keeping evidence — numbers, call dates and any recordings — to help pursue your rights.
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